Rochester, NY -- A jury acquitted Nicole Allen on manslaughter charges, but found her guilty of criminally negligent homicide after she left her three young children alone in an apartment shortly before a fire broke out.
The fire, which started in an apartment on Second Street on September 17, 2008, severely burned all three children, and killed Allen's eldest daughter, three year-old Kamari Mona Allen-Holmes.
The lesser charge of criminally negligent homicide means Allen put her children at risk when she left them alone, but was not aware her actions would harm them. She was also convicted on three counts of endangering the welfare of a child.
The verdict brought Allen's family to tears. Her mother, Brenda Allen, summed it up for everyone.
"God is good," she said. "God is good."
Allen's attorney Dianne Russell said her client "is relieved. She's glad this jury has reached a conclusion. It's a result I don't consider to be a victory, but it's where this case should have started from the beginning."
Russell said the district attorney took things too far with the manslaughter charge.
"Obviously, the jury agreed with us. They did what I asked them to do," she said.
"Yes, she did make a mistake by leaving," said Shonda Hannah, Allen's godmother. "But overall, she should not have been judged by 12 jurors on a manslaughter charge. That's ridiculous."
For the prosecution, it was a matter of holding Allen responsible.
"We're very satisfied with the verdict," said Assistant District Attorney Paul Irving. "She's been convicted of a felony."
Rochester Fire Chief John Caufield called the situation a tragedy, a scene which still haunts firefighters who responded that day.
"A number of us went to the hospital the day after, and just saw those children horribly burned," Caufield said. "That's an image that's going to stay with me and the rest of those firefighters for the rest of our lives."
Allen will be back in court on February 23 for her sentencing. She could face one-and-a-third to four years in prison, or probation, depending on what the judge decides.
